Manchester City Council Report for Resolution
Report to: Young People and Children Scrutiny Committee – 26 May 2015 Subject: School Governance Update
Report of: Director of Education and Skills
Summary
This paper provides an update about the recent changes in policy and legislation with respect to school governance; outlines how the Council is working to support
governing bodies with the changes and outlines the current situation with Local Authority governor vacancies and the strategy to find suitable candidates to take up the positions.
Recommendations
The committee is asked to note the recent policy and legislation changes and the ongoing development of the strategic approach to school governance and comment on the areas for further development.
Wards Affected: All
Contact Officers:
Name: John Edwards
Position: Director of Education and Skills Telephone: 0161 234 4314
E-mail: j.edwards@manchester.gov.uk Name: Amanda Corcoran
Position: Head of Strategic Planning, Access and Inclusion Telephone: 0161 234 7944
E-mail: a.corcoran@manchester.gov.uk Name: Ruth Bradbury
Position: School Governance Lead Telephone: 0161 219 6899
E-mail: r.bradbury@manchester.gov.uk
Background documents (available for public inspection):
The following documents disclose important facts on which the report is based and have been relied upon in preparing the report. Copies of the background documents
are available up to 4 years after the date of the meeting. If you would like a copy please contact one of the contact officers above.
Report to Young People and Children Scrutiny Committee – 4 February 2014, School Governance
School Governance (Constitution) (England) Regulations 2012
Department for Education, Constitution Statutory Guidance, May 2014 and March 2015
School Inspection Handbook, Ofsted, July 2014 and January 2015
Department for Education (DfE) Governors’ Handbook, September 2014 and January 2015
Department for Education (DfE) Schools Causing Concern Statutory Guidance for Local Authorities, January 2015
1.0 Introduction
1.1 This report builds on previous reports to the Young People and Children Scrutiny Committee which have provided information and updates about: • The establishment of a School Governance Unit in January 2013 • The development of a Governance Strategy to secure effective
governance
• Local authority governor recruitment
• Partnership developments including the Manchester Schools’ Alliance and the Strategic Education Partnership to support the Governance Strategy 1.2 The sustained success of the City’s schools and outcomes for its young
people would not be possible without effective leadership and governance. The City Council recognises the commitment, professionalism and expertise that governors in Manchester provide and is committed to supporting
governors through the changes and challenges that are emerging. It acknowledges that school governance is becoming an increasingly
challenging role for volunteers with: increased expectations and accountability, particularly through the Ofsted Framework; changes in the education
landscape that are bringing with it new models of governance; changes to assessment and monitoring of pupil progress; budget pressures and new regulations for the constitution of governing bodies which need to be implemented by September 2015.
1.3 This report is focussed on the recent changes in legislation and policy
including: the amendments to the School Governance (Constitution) (England) Regulations 2012; Department for Education, Constitution Statutory Guidance, May 2014 and March 2015; School Inspection Handbook, Ofsted, July 2014 and January 2015; the Department for Education Governors’ Handbook, September 2014 and January 2015 and the Schools Causing Concern Statutory Guidance for Local Authorities, January 2015. It examines how the Council will support governing bodies with the changes and challenges through: Local Authority governor recruitment, employer engagement and partnership working with the Manchester Schools’ Alliance and the
Manchester Governors’ Association as part of the Governance Strategy to secure effective governance.
2.0 Constitution Regulations and Statutory Guidance
2.1 Amendments to the School Governance (Constitution) (England) Regulations 2012 came into effect from September 1st 2014 and the Department for Education published Statutory Guidance in May 2014 in relation to the amendments and produced further revisions to the statutory guidance in March 2015.
The regulations require all governing bodies to reconstitute under the School Governance (Constitution) (England) Regulations 2012 by September 1st
2015. The 2012 Constitution Regulations outline that the governing body of a maintained school must have a minimum of seven people and include:
• At least 2 parents governors (can have more than 2) • The head teacher
• One staff governor
• One local authority governor
• Co-opted governors (as many as is felt necessary)
• Foundation/Partnership governors (ratios vary dependant on school type)
The total number of governors that qualify as staff governors (including the head teacher and staff governor) must not exceed one third of the total
membership of the governing body. Voluntary controlled schools must include at least two foundation governors but not more than a quarter of the total membership. Voluntary aided schools must include foundation governors to outnumber all other governors by two. Please see Appendix A for example constitutions.
2.2 The community governor category has been removed and a new co-opted governor category has been created. The co-opted governor is a full member of the governing body, appointed by the governing body and appears on the Instrument of Government (IOG).Co-opted governors are people who in the opinion of the governing body have the skills required to contribute to the effective governance and success of the school. Under the regulations,
governing bodies can also still appoint associate members who can serve and vote on committees. However, associate members cannot vote in full
governing body meetings and do not appear on the IOG. Governing bodies often appoint associate members to bring specific expertise to a governing body to respond to a particular challenge that they are facing e.g. a new school build.
2.3 The 2012 regulations only allow for one local authority governor who is
nominated to a governing body by the local authority, with the governing body making the final decision about appointment. Local authorities are required to make every effort to understand the governing body’s skills requirements in order to nominate a suitable candidate for consideration.
2.4 The Amended Regulations create an explicit requirement that all appointed governors have the skills required to contribute to the effective governance and success of the school and that when a vacancy arises this should be seen as an opportunity to try to meet any skills gaps on the governing body. The Statutory Guidance recommends that governing bodies undertake regular skills audits and self-review, in order to ascertain the skills and experience required in their membership to contribute to the core functions of: providing strategic leadership, holding the head teacher to account and making sure the school’s money is well spent. Governing bodies should identify and secure any training and development they need to assist them with their duties and an appropriate budget should be set aside to support their ongoing
governors to understand the role prior to nomination, election and appointment.
2.5 For parent and staff governor elections, the Regulations now allow governing bodies to inform the electorate about the skills they feel would assist them. Prospective parent and staff governors should be provided with the
opportunity to communicate evidence of the extent that they have the skills desired by the governing body as part of the election process.
2.6 The Guidance outlines that governing bodies may wish to consider a range of personal attributes, qualities and skills when considering appointments
including: strong commitment to the role, inquisitiveness to question and analyse, willingness to learn and develop skills, good interpersonal skills, appropriate literacy levels and numeracy skills to understand basic data. It also recommends that the governing body as a whole needs to secure expertise in: analysing performance data, budgeting and financial efficiency, performance management and employment issues including grievances. 2.8 The Guidance also promotes smaller governing bodies, to ensure that all
members have the opportunity to make a valuable contribution. It suggests making use of associate members or formally collaborating with another school to jointly delegate functions to a joint committee, using the 2003 Governance Collaboration Regulations, for example in the case of exclusions and complaints committees.
2.9 In March 2015, further amendments were made to the Statutory guidance to include the recommendation that governing bodies should publish on their website information about their membership, including any associate members. The suggested information includes: names, categories of
governor, appointing body, term of office, the committees governors serve on and any positions of responsibility held by governors e.g. chair, vice chair or chair of a committee. From 1 September 2015, governing bodies will be under a duty to publish on their website their register of interests. The register should set out the relevant business interests of governors and details of any other educational establishments they govern. The register should also set out any relationships between governors and members of the school staff including spouses, partners and relatives. It is recommended that governing bodies include a clause in their code of conduct that outlines that any governor failing to reveal information in connection with this duty may be in breach of the code of conduct and as a result would be bringing the governing body into
disrepute.
3.0 The Ofsted Framework, DfE Governors’ Handbook and Schools Causing Concern Statutory Guidance for Local Authorities
3.1 Ofsted has streamlined its guidance on school inspections, so there are now just three guidance documents:
• School Inspection Handbook;
• Inspecting Safeguarding in Maintained Schools and Academies. The School Inspection Handbook provides an overview of what inspectors will be looking for in terms of governance, and incorporates much of the
information previously included in subsidiary guidance.
3.2 In 2013 Ofsted inspections there was a particular focus on how well governors carried out the following functions:
• measured the impact of their own work;
• supported and strengthened school leadership including developing their own skills; challenged and held the senior leadership team to account through analysis of data; encouraged the use of parent view and engaged with stakeholders;
• monitored the effectiveness of safeguarding; • monitored performance management systems;
• understood how decisions were made about teachers’ salary progression;
• performance managed the head teacher;
• were transparent and accountable about staff recruitment and governance structures;
• were aware of the impact of teaching and learning and progress in different years groups and subjects;
• understood the strengths and weaknesses of the school including the quality of teaching; ensured the school’s finances were properly managed;
• understood how pupil premium and primary sports funding was being utilised to overcome barriers to learning.
3.3 Changes in the Ofsted Framework 2014/15 overall includes:
• a greater emphasis on actively promoting British values; The Prevent Strategy 2011 details that schools should promote the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs;
• advice for inspectors about judging how well schools track progress, following the removal of National Curriculum levels;
• specific reference to the governing board ensuring strategic direction through long-term planning, such as succession planning;
• schools with early years or sixth form provision will now receive separate numerical grades for these aspects of provision ;
• inspectors are explicitly advised not to grade the quality of teaching and learning when observing lessons and not grade the overall quality of the lesson;
• inspectors will now look at how effective a school’s strategy for careers provision is and the impact it has on pupils’ next steps.
3.4 Changes in this Framework specifically relating to governors includes considering how governors will:
• carry out their statutory duties, such as safeguarding, and understand the boundaries of their role as governors;
• ensure that they and the school promotes tolerance of and respect for people of all faiths (or those of no faith), cultures and lifestyles; and support and help, through their words, actions and influence within the school and more widely in the community, to prepare children and young people positively for life in modern Britain;
• ensure clarity of vision, ethos and strategic direction, including long-term planning (for example, succession);
• assure themselves of the rigour of the assessment processes being used by the school.
3.5 Several of the changes are unsurprising following investigations into governance elsewhere in the country, especially around the promotion of British Values and governors remaining strategic in their roles. These points have been strengthened further by the updates and changes that have been made to the DfE Governors’ Handbook, which contains Departmental advice to assist governing bodies to understand how to comply with the law and explains what policies mean in practice. The updates have a particular focus on governing body codes of conduct, whistleblowing, safeguarding and increased transparency about governing body memberships.
3.6 The updates to the DfE Governors’ Handbook September 2014 and January 2015 have included references to:
• governors staying strategic, understanding the boundaries of the role and not becoming too involved in the day to day running of the school;
• promoting British values;
• understanding the skills of their governing body and how they need to be developed; emphasis about the skills focus on governor recruitment and the suggestion that prospective governors are interviewed and oral references taken;
• emphasis around succession planning on governing bodies;
• governing bodies having a clear code of conduct which includes the Nolan principles of public life;
• new guidance around whistleblowing;
• updates to information around SEN policies in-line with the SEN reforms; • governing bodies publishing their membership details and increasing the information recorded in their register of interests (which will subsequently now become a duty from Sept 1st 2015 as outlined above in point 2.9); • updated information in-line with the new school admissions code; • updated information in-line with the Keeping Children Safe in Education
Statutory Guidance supplementary advice with respect to disqualification by association;
• a new section relating to the Cultural Education Policy which includes an annexe outlining suitable age-related cultural activities that young people should be engaging with;
• a link to the new Framework For Governance that has been published by the National Governors’ Association and Welcome Trust to assist
governing bodies with self-evaluation.
All these areas have been discussed and communicated with governors through the chairs briefing meetings and termly newsletters.
3.7 The Schools Causing Concern Guidance for Local Authorities was amended in January 2015 to include a greater emphasis on local authorities promoting, monitoring and supporting high standards of governance. The guidance now outlines that local authorities should intervene where governance is weak and can serve warning notices when school governance arrangements are
causing concern. A new non-statutory section has been included relating to local authorities’ oversight of governance, which recommends that local authorities have arrangements in place to maintain records for all governors including their registers of interest and details of governors serving on more than one governing body. Local authorities should also be able to provide or signpost governors to high quality training. The Governance Strategy in Manchester is aligned to meet the requirements of this guidance. For example, intelligence about governance across the City is part of the
Manchester Quality Assurance process. Ofsted comments about governance, attendance of governing bodies at training and issues raised by the Quality Assurance Team are collated and monitored by the School Governance Unit and followed up by the Senior School Quality Assurance Officer. Quality
assurance reports are a valuable source of information for governors and draw the attention of the governing body to specific priorities for school
improvement. Chairs of governing bodies are invited to attend each quality assurance meeting alongside the head teacher. External reviews of
governance are recommended to schools when governance is identified as needing additional support
4.0 Support for Governing Bodies 4.1 Governor Recruitment
4.1.1 The skills-led recruitment of local authority governors meets the requirements of the new Statutory Guidance. All prospective local authority governors apply through SGOSS – Governors for Schools, a national charity funded by the DfE to support governor recruitment. SGOSS take up written references.
Prospective governors are interviewed by a panel of two senior Council
officers to increase the Council’s understanding of their skills and explore their suitability to undertake the role. Disclosure and Barring Service (DBS) checks are also undertaken on all applicants as part of the vetting process. The Council collaborates with governing bodies to understand the skills and expertise they require to fill vacancies when they arise, in order to nominate suitable candidates from the recruitment pool for consideration.
4.1.2 Prospective governors who have been interviewed and vetted are provided with access to the local authority governor support programme, which includes induction training. The induction training focuses on the strategic role of the governor and local priorities. This enables prospective governors to increase their understanding of governance in order that they can take on a governor role more effectively, once a placement has been found for them.
4.1.3 A number of organisations in the City play an active part in the recruitment of governors for schools in the City. As an example, The University of
Manchester (an active member of the Strategic Education Partnership) and has embedded governance into their Corporate Social Responsibility Policy, working closely with SGOSS to promote governor recruitment. In addition, they offer support networks and an annual conference to their staff who are governors across the North West. University Staff may also invite the chair of governors from their governing body to their annual conference. The School Governance Unit has made close links with the University and is currently developing plans with the University and SGOSS to promote the model across other employers in the City; to increase recruitment of governors with a
diverse range of skills, who understand Manchester’s priorities.
4.1.4 As of April 24th 2015 there are nine governing bodies without at least one local authority governor. Five of these governing bodies have already provided their skill requirements, but several of these vacancies have arisen quite recently, therefore governing bodies are still in discussion about their skill requirements. Interviews are planned for June and July to enable nominations to take place to fill these outstanding vacancies. The School Governance Unit has been working closely with SGOSS within the Council to approach employers in the City to encourage more applications from staff with specific skills to assist with filling the vacancies to meet the governing body skill requests. Thirty four LA Governors were appointed in the last academic year 2013-2014. In the current academic year 2014-2015,nine local authority governors have been appointed and five nominations are in process.
4.1.5 The School Governance (Constitution) (England) Regulations 2007, allowed for more than one local authority governor. Some governing bodies therefore have vacancies for local authority governors but already have at least one local authority governor in position. As of April 24th there were fifteen vacancies on thirteen governing bodies in this situation. Most governing bodies are choosing not to fill these vacancies as these positions will be deemed as surplus and will not be available after August 31st 2015. Existing local authority governors may be appointed to other categories on the
governing body under the new regulations, if a governing body determines this within their new constitution and membership. Governing bodies are currently undertaking skills audits to determine their new constitutions and
memberships. The School Governance Unit is working in partnership with schools and SGOSS to assist with the recruitment of co-opted governors required by governing bodies to address any skills gaps that come to light during reconstitution. If any local authority governors do find themselves without a position on a governing body they will be invited to join the local authority governor recruitment pool. To date this situation has not arisen.
4.2 Reconstitution
4.2.1 Governing bodies were provided with information and guidance around reconstitution during the summer 2014, autumn 2014 and spring 2015 terms through the: School Governance Unit newsletters, email updates, chairs and head teacher briefings. Governing bodies have been encouraged to undertake skills audits during their reconstitution discussions. The School Governance Unit is providing case by case advice if required and liaising closely with the relevant diocese authorities and the Council legal department to process the new Instruments of Government. As of April 24th 2015, sixty nine out of the one hundred and twenty five governing bodies that are currently required to reconstitute have already reconstituted or agreed their new IOGs. No existing local authority governors have found themselves in a situation whereby they no longer have a place on their governing body as a result of reconstitution. Their skills have been deemed to be required by the governing bodies they served on and they have been appointed as co-opted governors within the new constitutions. However, several governing bodies did choose not to fill outstanding vacancies in order to decrease the size of the governing body. To date of the governing bodies that have reconstituted, thirty three have
decreased, thirty two have stayed the same and four have increased in size. 4.3 Information, Training and Peer Support
4.3.1 A programme of events for governors has been developed in partnership with the Manchester Schools’ Alliance (MSA) and Manchester Governors’
Association (MGA) building on local peer expertise and national training opportunities. The programme this academic year has included: head teacher performance management, performance related pay, financial efficiencies, data analysis using the Fischer Family Trust Governor Dashboard, SEN reforms, pupil premium, an Ofsted ‘Getting to Outstanding’ workshop for governors in Manchester primary schools that are currently judged as good and termly chairs briefing meetings. In addition, a network for special school governors has been established, the National Clerks Development
Programme has been available in a Manchester location and a conference was held for Manchester governors on February 7th. The Chief Executive of the National Governors’ Association, Emma Knights and John Edwards, Director of Education and Skills the Council, were the keynote speakers exploring the challenges of effective governance in the self-improving school system. Ninety five governors attended and Emma Knights’ input was filmed as part of the North of England Virtual Education Conference.
4.3.2 The autumn chairs briefing meetings included: examining the changes to the Ofsted Framework and the DfE Governors’ Handbook, the Manchester Prevent Strategy, Looked after Children, school funding, financial
accountability and the provisional educational outcomes for the City. The spring term briefings included: educational outcomes in the City, exploring self-evaluation and the Ofsted Framework, early years update and DfE
Governors’ Handbook updates. The summer term meetings will examine: the draft Manchester Governors’ Handbook which will include any Manchester model policies or statutory guidance, the accredited provider list of
organisations who can provide governor support and training, safeguarding, SEN and any further updates from the DfE with respect to governance. 4.3.3 The local authority governor support programme has this year included
sessions around: vulnerable learners, data analysis, finance and audit, school self-evaluation and the quality assurance process and induction.
4.3.4 During the autumn and spring terms, one hundred and seven governing bodies have been represented across the chairs briefing meetings, the MSA and MGA partnership programme and the local authority governor support programme, with many governing bodies attending more than one event. Forty six governing bodies have been represented at chairs briefing meetings and twenty two at the local authority governor support programme.
4.3.5 The MSA has developed a pilot Manchester Leaders of Governance (MLG) programme to build on the National Leaders of Governance programme in order to provide additional peer support to governors. MLGs will offer support to governors and governing bodies for example by providing specialist support to develop the skills of a committee chair or a lead governor for an area such as safeguarding or special educational needs. The deployment process is currently being confirmed to allow governing bodies to be able to access this peer support and three MLGs have been recruited as part of the first round of recruitment.
4.3.6 A Manchester Governors’ Handbook is currently being developed to include any Manchester model statutory guidance, toolkits and policies. The initial draft will be discussed at the summer term chairs briefing meetings and MSA Governor Reference Group, which includes representation from the MGA. 4.3.7 An accredited provider list is being developed to increase the quality of
information that is available about training and governor support from a range of local and national providers that governing bodies may wish to purchase to support their development needs. This will be published at the end of the summer term. Providers included on the list will provide an annual report about participation from Manchester governing bodies and an online survey is being developed to enable governing bodies to provide feedback.
5.0 Conclusion
5.1 The partnership approach which has been developed in the City with the Manchester Schools’ Alliance and the Manchester Governors’ Association is increasing the range of support available to governors. It is providing them with the opportunity to access national training programmes and to share best practice, to support the changes outlined in this paper.
5.2 The development of the accredited provider list and Manchester Governors’ Handbook will provide governing bodies with increased information to support them to access the support training and guidance they require to meet their needs.
5.3 The planned activity with the University of Manchester and SGOSS to increase employer engagement will work to support the recruitment of a
diverse pool of governors who understand the role and Manchester’s priorities. 5.3 Priorities for 2015-2016 include:
• Continuing to support governing bodies to reconstitute under the School Governance (Constitution) (England) Regulations 2012 and filling the outstanding local authority governor vacancies with suitably skilled governors
• Increasing employer engagement to increase the recruitment pool of governors
• Increasing the information available about the range of training, governor support and resources available through local and national providers • Increasing the information held about governing body memberships • Continuing to work in partnership with the Manchester Schools’ Alliance
and the Manchester Governors’ Association to develop events that build on local and national expertise.
Appendix A: Example School Governance Constitutions
The 2012 Constitution Regulations outline that the governing body of a maintained school must have a minimum of seven people and include:
• At least 2 parents governors (can have more than 2) • The head teacher
• One staff governor
• One local authority governor
• Co-opted governors (as many as is felt necessary)
• Foundation/Partnership governors (ratios vary dependant on school type)
The total number of governors that qualify as staff governors (including the head teacher and staff governor) must not exceed one third of the total membership of the governing body.
The following are examples of model constitutions, but is by no means an exhaustive list:
1. Community Schools:
Total: 7 Total: 10 Total:10 Total:12 Total:12 Total:12
1 Head Teacher 1 Head Teacher 1 Head Teacher 1 Head Teacher 1 Head Teacher 1 Head Teacher
1 Staff 1 Staff 1 Staff 1 Staff 1 Staff 1 Staff
1 LA 1 LA 1 LA 1 LA 1 LA 1 LA
2 Parents 2 Parents 3 Parents 2 Parents 3 Parents 4 Parents
2 Co-opted 5 Co-opted 4 Co-opted 7 Co-opted 6 Co-opted 5 Co-opted
2. Voluntary Controlled Schools:
Voluntary controlled schools must also include at least two foundation governors but foundation governors must not make up more than a quarter of the total membership. There is not a need to include Co-opted governors. The Manchester Church of England Diocese has asked schools to include a minimum of three foundation governors to include governors appointed by: the Diocesan Board of Education, the Parochial Church Council and the Ex-Officio.
Total: 8 Total: 8 Total: 10 Total:12 Total:12
1 Head Teacher 1 Head Teacher 1 Head Teacher 1 Head Teacher 1 Head Teacher
1 Staff 1 Staff 1 Staff 1 Staff 1 Staff
1 LA 1 LA 1 LA 1 LA 1 LA
2 Foundation 2 Foundation 2 Foundation 3 Foundation 3 Foundation
2 Parents 3 Parents 2 Parents 2 Parents 3 Parents
1 Co-opted 0 Co-opted 3 Co-opted 4 Co-opted 3 Co-opted
3. Voluntary Aided Schools
Voluntary aided schools must include foundation governors to outnumber all other governors by two.
Total: 12 Total: 14 Total: 14 Total:16 Total:16 Total:16
1 Head Teacher 1 Head Teacher 1 Head Teacher 1 Head Teacher 1 Head Teacher 1 Head Teacher
1 Staff 1 Staff 1 Staff 1 Staff 1 Staff 1 Staff
1 LA 1 LA 1 LA 1 LA 1 LA 1 LA
7 Foundation 8 Foundation 8 Foundation 9 Foundation 9 Foundation 9 Foundation
2 Parents 2 Parents 3 Parents 2 Parents 3 Parents 4 Parents
